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Collections Questions & Answers
Q: A "mediator" called attempting to settle a debt between me and a company. No payments since '07. VA SOL make this done?
Matthew Lane Kreitzer's answer
You really should reach out to a Consumer Protection attorney based on what you just stated, as they may have violated Federal Law.
You really should reach out to a Consumer Protection attorney based on what you just stated, as they may have violated Federal Law.
Q: I signed a payroll check over to husband for $297 and he cashed it at a local store. The check bounced 6 months ago.
Matthew Williams' answer
One or both of you could face a charge for passing a bad check. If you do, ask the court for an attorney. You have to commit the offense knowing the check will not cash. Depending upon the circumstances, there may be a strong argument you had no idea a payroll check was no good.
One or both of you could face a charge for passing a bad check. If you do, ask the court for an attorney. You have to commit the offense knowing the check will not cash. Depending upon the circumstances, there may be a strong argument you had no idea a payroll check was no good.
Q: I have a garnishment against me for a debt that was owed in 2000. Can I dispute this in court?
Matthew Lane Kreitzer's answer
There are two statute of limitations in Virginia, and it is likely that the Debt Collector reserved the 20 year statute of limitations by recording the judgment. You should speak with a consumer protection attorney just in case, but you are likely still on the hook absent bankruptcy.
There are two statute of limitations in Virginia, and it is likely that the Debt Collector reserved the 20 year statute of limitations by recording the judgment. You should speak with a consumer protection attorney just in case, but you are likely still on the hook absent bankruptcy.
Q: I live in Placer County, California. If a lien is put on my house, how long is the duration of the lien???
Richard Samuel Price's answer
I assume that you mean an abstract of judgment, which has a 10 year duration that can be extended in definitely. So the answer is that a lien will be against your house until you pay it off.
I assume that you mean an abstract of judgment, which has a 10 year duration that can be extended in definitely. So the answer is that a lien will be against your house until you pay it off.
Q: A Biz in NC owes me money after using my services in Denver Co, What are my options to collect the balance.
Tristan Kenyon Schultz's answer
Small claims court. Win the case and then seek court enforcement of the judgment. The process can be done with or without a lawyer. The costs are a few hundred dollars, but it will waste time... Your call.
Small claims court. Win the case and then seek court enforcement of the judgment. The process can be done with or without a lawyer. The costs are a few hundred dollars, but it will waste time... Your call.
Q: Good afternoon, I wonder if adding a name to a home deed positively affects mortgage payments?
1 Answer
| Asked
in
Bankruptcy, Collections, Estate Planning, Family Law and Real Estate Law
for
Virginia
on
Answered on Apr 21, 2016
Answered on Apr 21, 2016
Matthew Lane Kreitzer's answer
I would be careful with adding your name to the deed. Any change in interest may spark the due on sale clause for the mortgage. Reach out to a local Estate Planning attorney to explore other avenues for alleviating the burden of the debt.
I would be careful with adding your name to the deed. Any change in interest may spark the due on sale clause for the mortgage. Reach out to a local Estate Planning attorney to explore other avenues for alleviating the burden of the debt.
Q: I live in NJ. My Ex moved to FL & won't pay child support/answer calls/letters. What's the best way to proceed?
Leonard R. Boyer's answer
You need to retain matrimonial counsel, who is licensed in both NJ and Fl. In the alternative, you need to just retain an experienced NJ matrimonial attorney, who will pursue this matter aggressively.
You need to retain matrimonial counsel, who is licensed in both NJ and Fl. In the alternative, you need to just retain an experienced NJ matrimonial attorney, who will pursue this matter aggressively.
Q: I don't know whether my son should call on old medical bills or not
Tristan Kenyon Schultz's answer
Justia Q&A; is not protected by attorney-client privilege (because not attorney-client relationship exists), so if a lawyer answers your question and provides advice you will be limited in your options (and any attorney can be subject to discipline). In sum, you should contact an attorney in your area to setup a protected relationship.
Justia Q&A; is not protected by attorney-client privilege (because not attorney-client relationship exists), so if a lawyer answers your question and provides advice you will be limited in your options (and any attorney can be subject to discipline). In sum, you should contact an attorney in your area to setup a protected relationship.
Q: I gave a personal loan of $9500 to someone who's now filing bankruptcy. Is there anything I can do to get my $ back?
R. Grace Rodriguez's answer
It depends on a number of factors as to whether you can get your money back. As an attorney the first thing I would want to know is whether this person is filing a Chapter 7 or a Chapter 13 bankruptcy.
If filing a Chapter 7 Bankruptcy, and the Debtor has assets or makes to much money to legitimately be in a Chapter 7 bankruptcy then you might have a shot at getting some or all of your money back.
If filing a Chapter 13 bankruptcy, again you might get some or all of your money...
It depends on a number of factors as to whether you can get your money back. As an attorney the first thing I would want to know is whether this person is filing a Chapter 7 or a Chapter 13 bankruptcy.
If filing a Chapter 7 Bankruptcy, and the Debtor has assets or makes to much money to legitimately be in a Chapter 7 bankruptcy then you might have a shot at getting some or all of your money back.
If filing a Chapter 13 bankruptcy, again you might get some or all of your money...
Q: i live in CO If I foreclose on a house and they sell,but dont get enough, can they come after me to get the rest ?
Tristan Kenyon Schultz's answer
Yes, a lender can pursue a deficiency judgment (collect the difference between the loan amount and the sale price in foreclosure) in Colorado provided that certain conditions are met (if you received notice from a court, then the requirements are met). If the deficiency amount is substantial or there is no possible way for you to pay it off, you may want to consider bankruptcy. If you do want to file for bankruptcy, I recommend that you contact a bankruptcy attorney.
Yes, a lender can pursue a deficiency judgment (collect the difference between the loan amount and the sale price in foreclosure) in Colorado provided that certain conditions are met (if you received notice from a court, then the requirements are met). If the deficiency amount is substantial or there is no possible way for you to pay it off, you may want to consider bankruptcy. If you do want to file for bankruptcy, I recommend that you contact a bankruptcy attorney.
Q: Civil case (relief asked is $409) at Guadalupe County in TX - can you provide advice how to dismiss a complaint?
Mr. Michael O. Stevens' answer
The internet reviews will get you no where. If they did bad work, that is mostly on you as the person who hired them. That said, I would counterclaim as to breach of contract in that the work performed was not of the quality contracted for, in that he breached implied warranties. I would also look to see if the person is licensed as a contractor, as irrigation is often an area that requires a licensed contractor. If he is not licensed, then any contract may be void.
The internet reviews will get you no where. If they did bad work, that is mostly on you as the person who hired them. That said, I would counterclaim as to breach of contract in that the work performed was not of the quality contracted for, in that he breached implied warranties. I would also look to see if the person is licensed as a contractor, as irrigation is often an area that requires a licensed contractor. If he is not licensed, then any contract may be void.
Q: I have an old credit card debt that is over 6 years old. I was contacted at my work by someone from commerce investment
David A. Wolf's answer
Do not pay or acknowledge the debt until you speak to a consumer attorney. You need to find any paper work associated with the debt. The clock starts ticking when you last made a payment. There are other factors to consider as well. It is possible that the debt is stale and there is no right to collect the funds. Some of the so called collection companies buy bad debt and still try to collect upon it. Contact a local consumer or bankruptcy attorney to discuss further. Good luck.
Do not pay or acknowledge the debt until you speak to a consumer attorney. You need to find any paper work associated with the debt. The clock starts ticking when you last made a payment. There are other factors to consider as well. It is possible that the debt is stale and there is no right to collect the funds. Some of the so called collection companies buy bad debt and still try to collect upon it. Contact a local consumer or bankruptcy attorney to discuss further. Good luck.
Q: What do I need to do to protect myself against debts my wife is accruing before divorce is final?
Melissa Averett's answer
The good news is that you have martial and coveture rights to the house she is buying, and you are not obligated to pay the mortgage. The bad news is that this is exactly why everyone should talk to an attorney when getting a divorce. Meet with a family law attorney, pay the $100-300 to do so, get all of your questions answered and figure out if you want the two of you to execute a free trader agreement or a separation agreement.
The good news is that you have martial and coveture rights to the house she is buying, and you are not obligated to pay the mortgage. The bad news is that this is exactly why everyone should talk to an attorney when getting a divorce. Meet with a family law attorney, pay the $100-300 to do so, get all of your questions answered and figure out if you want the two of you to execute a free trader agreement or a separation agreement.
Q: Student loans, does time run out on collection of these? Every year federal income tax return is taken
Julie A. Rice's answer
Student loans are one debt that does not go away. Not in bankruptcy or any other forum. If most was taken than owed, then check with them and get an accounting. My guess is that it is for penalties and interest. If it was a private loan and not a federal loan, then it could be turned over to a collection agency but I would investigate this company before giving them personal information b/c of the scams out there. See the GA Secretary of State for more information, and here is the link:...
Student loans are one debt that does not go away. Not in bankruptcy or any other forum. If most was taken than owed, then check with them and get an accounting. My guess is that it is for penalties and interest. If it was a private loan and not a federal loan, then it could be turned over to a collection agency but I would investigate this company before giving them personal information b/c of the scams out there. See the GA Secretary of State for more information, and here is the link:...
Q: How do I dispute a judgement from 1988 in Georgia. My ex-wife of 20 years claimed bankruptcy on such debt in 2009.
Julie A. Rice's answer
It is too late to fight the judgement. You were a cosigner, there was a hearing and your wife lost, it has been several years so there is no grounds for you to fight the judgement. What you can do is try and negotiate what is left remaining on the judgment and see if you can settle it without having to have your wage garnished.
It is too late to fight the judgement. You were a cosigner, there was a hearing and your wife lost, it has been several years so there is no grounds for you to fight the judgement. What you can do is try and negotiate what is left remaining on the judgment and see if you can settle it without having to have your wage garnished.
Q: What should I do if I am sued out of state?
Julie A. Rice's answer
Jurisdiction is in NJ and that won't change no matter where you live. If you fail to show up, then they will get a judgement against you plus attorneys fees, interest, costs of litigation, etc. I would suggest that you call them and try to reach a settlement over the phone where you make payments in exchange for them dropping the case (for now) without prejudice and then if you fail to pay, then they can pick up the case where it left off and unless you want a judgement against you you better...
Jurisdiction is in NJ and that won't change no matter where you live. If you fail to show up, then they will get a judgement against you plus attorneys fees, interest, costs of litigation, etc. I would suggest that you call them and try to reach a settlement over the phone where you make payments in exchange for them dropping the case (for now) without prejudice and then if you fail to pay, then they can pick up the case where it left off and unless you want a judgement against you you better...
Q: How can I stop a garnishment and challenge the summary judgment due to a lack of jurisdiction?
Julie A. Rice's answer
There is no lack of jurisdiction. If the transaction took place in GA, then GA is the proper place for jurisdiction regardless of where you live. If you did not contest the judgement in a timely manner and it turned into a default judgment and you didn't fight that in a timely manner, then you will be paying the debt and if they have to garnish your wages they are within their rights to do so.
There is no lack of jurisdiction. If the transaction took place in GA, then GA is the proper place for jurisdiction regardless of where you live. If you did not contest the judgement in a timely manner and it turned into a default judgment and you didn't fight that in a timely manner, then you will be paying the debt and if they have to garnish your wages they are within their rights to do so.
Q: I have a civil lawsuit brought on me by a collection agency I am not working have no income what can happen?
Neville Bedford's answer
If you do not appear, answer, nor defend the case, you will likely be defaulted. The judgement creditor may wait until you are employed or have other resources before asking the court to enforce the judgement. If your current condition continues and you have no assets, you may be "judgment proof" meaning that even though they have a judgement against you, you have no ability to pay. If you have other debts and have been out of work for some time, it may be worth your while to meet with an...
If you do not appear, answer, nor defend the case, you will likely be defaulted. The judgement creditor may wait until you are employed or have other resources before asking the court to enforce the judgement. If your current condition continues and you have no assets, you may be "judgment proof" meaning that even though they have a judgement against you, you have no ability to pay. If you have other debts and have been out of work for some time, it may be worth your while to meet with an...
Q: My mother inlaw was in a nursing home for two week hospice paid first five day the she was denied Medicare she die on
Neville Bedford's answer
Sorry for your loss. If you signed a guarantee for her medical costs, you may be contractually obliged to pay.
Sorry for your loss. If you signed a guarantee for her medical costs, you may be contractually obliged to pay.
Q: How can I track down the current address of two deadbeats in Florida if they don’t own a house, car or landline phone?
Mr. Michael O. Stevens' answer
Hire a private investigator to track them done and/or to run a background check that might have current info. The real issue though, is all of this worth it? Given how you describe these people, even if you get a judgment from the court, it does not sound like they are going to pay it.
Hire a private investigator to track them done and/or to run a background check that might have current info. The real issue though, is all of this worth it? Given how you describe these people, even if you get a judgment from the court, it does not sound like they are going to pay it.
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